Broadside entitled 'Account of the Trial and Sentence of John Miller and William Storrier . . . Also of William Robertson'

Transcription

A Full and Particular Account of the Trial and Sentence of JOHNMILLER and WILLIAM STORRIER, accused of an Assault andRape on a Girl, 14 years of age, who are to be publicly Whippedthrough the Town of Dundee on the 4th of October next, and there-after Banished beyond Seas for 14 years; as also, of WILLIAMROBERTSON, for committing a Similar Crime, and who is to beExecuted at Cupar in Fife, on Thursday the 31st of October next.

AT Perth, on Friday the 13th Septem-ber, 1822, JOHN MILLER and WILL-STORIER, accused of the crime of an as- sault, with intent to a commit rape ona girl about 14 years of age, in the neigh-bourhood of Glammis, on the 5th of Maylast, were placed at the bar. The Courtwas then ordered to be cleared?but weunderstand that they pleaded Not Guilty.

A considerable number of witnesseswere examined for the prosecution, as werelikewise a number in exculpation on be-half of the pannels.

Mr Hope addressed the Court for theprosecution, and Mr Thomson for Millerand Storrier, after which the evidence wassummed up by one of their Lordships? and the Jury, after having been enclosedfor nearly an hour, returned a verdict, bya plurality of voices finding the pannelsguilty of the assault, with an intent to com-mit rape.

On Saturday the 14th, he Court met atnine o'clock, Miller and Storrier were thenput to the ban Mr Hope moved the judg-ment of the Court; and Mr Thomson ad-dressed the Court at considerable length,in mitigation of punishment.

Lord Hermand, in a speech of greatenergy, pointed ous-the aggravated natureof the crime of which the panels had beenconvicted, and proposed that they should,in addition to the punishment of trans- portation, be whipped through the townof Dundee.

Lord Succoth, in the course of his ob-servations on the crime of which the pan-els had been convicted, remarked, that itwas clear that they had been both as-sisting in the perpetration of this most a-trocious crime ; that it was indeed a veryrare occurrence for two men to be concern-ed in such an offence, the one holding thefeet of their victim, while the other wasattempting to commit the brutal act.There had been cases in which greatermarks of violence were exhibited, but thatwould not, in any way, militate in theirfavour. It was not necessary for the pan-nels to knock down the girl, because, fromher tender years, she was unable to resistthe strength of two men. It was alsoproved, that they had gone deliberately a-bout their criminal purpose, by draggingthe girl into a wood; this shows, thatthey were determined to effect their ob-ject?the girl crying out and making allthe resistance she could. It appeared in

evidence, that the girl, who was only 14years of age, continued in a state of feverfor some days after. Under all the cir-cumstances of the case, therefore, he a-greed with the suggestions of Lord Her-mand, as to the expediency of the panelsbeing publicly whipped, in addition to thepunishment of transportation. His Lord-ship concluded, by addressing the panelsin a most impressive manner, as to whatought to be the line of conduct pursuedby them after they should leave this coun-try.

The sentence of the Court was read,ordaining Miller and Storrier to be public- ly whipped through the town of Dundee,on the 4th day of October next, and there-after, to be banished beyond seas for 14

years.

William Robertson, accused of a simi-lar act, was then put to the bar, and theCourt cleared, as had been done in the for-mer trial, during the examination of theevidence, &c.; and the Court continuedshut from 11 to past 7 o'clock at night.In the course of that time a great numberof witnesses, both for the prosecution andin exculpation, were examined. The ge-neral outline of the evidence was under-stood to be, that the female, who lived nearCupar Fife, had been violently assaulted,severely wounded, and actually ravishedby the pannel.

After some pleading by the counsel forthe Crown and the prisoner, and the casebeing summed up by one of their Lord-ships, the jury retired, and were enclosedfor about an hour, when they returnedwith a verdict, finding, by a plurality ofvoices, the pannel guilty of rape; but un-animously and strongly recommended himto mercy.

Mr Hope having moved the judgmentof the Court.

Lord Succoth addressed Robertson in ashort but most energetic speech, statingthat the Court had no alternative but topass the last sentence of the law.

Lord Hermand also made a few obser-vations on the nature and enormity of theoffence, and concluded by sentencing Ro-bertson to be hanged at Cupar Fife, on the31st October next.

The prisoner heard the awful doom pro-nounced with great composure and firmness.He was a good-looking middle aged man.and has, as we were informed, a family. " PRICE ONE PENNY."